[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Proposed Rules]
[Pages 41931-41938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16482]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0130; FRL-11444-01-R3]
Air Plan Approval; Pennsylvania; Motor Vehicle Inspection and
Maintenance Program Certification for Moderate Nonattainment Under the
2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This SIP revision addresses Clean Air Act
(CAA) requirements for the enactment of a Basic vehicle emissions
inspection and maintenance (I/M) program for the five counties
comprising the Pennsylvania portion of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE Moderate nonattainment area (Philadelphia
nonattainment area) for the 2015 8-hour ozone national ambient air
quality standards (NAAQS).
DATES: Written comments must be received on or before September 29,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0130 at www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments
[[Page 41932]]
cannot be edited or removed from Regulations.gov. For either manner of
submission, the EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the EPA's full public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit
www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2176. Mr. Rehn
can also be reached via email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Clean Air Act I/M Requirements Applicable to Ozone
Nonattainment Areas of Select Classification
B. Philadelphia Ozone Nonattainment and Associated I/M Program
Requirements
C. Pennsylvania's Philadelphia Region I/M Program
II. Summary of Pennsylvania's September 2023 Basic I/M Certification
SIP Revision and EPA's Analysis
A. Description of Pennsylvania's September 2023 I/M
Certification SIP
B. Summary and EPA Review of the Required Elements of the
Philadelphia Region I/M Program
1. Performance Standard Analysis for the Philadelphia Region for
the Basic I/M Program
2. EPA Review of Additional Applicable CAA I/M Requirements of
Pennsylvania's I/M Certification SIP
a. Implementation Milestones for Pennsylvania's Philadelphia
Region I/M Program
b. Geographic Applicability of the Philadelphia Region I/M
Program
c. Additional Required I/M Program Design Elements
d. State Legal Authority for I/M Program Implementation and
Operation
e. State Implementing Regulations, Interagency Agreements, and
Memoranda of Understanding
f. Evidence of Adequate State Funding and Resources To Implement
the Program
3. Summary of EPA's Review of Pennsylvania's I/M Certification
SIP Elements
III. Proposed Action
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review,
Executive Order 13563: Improving Regulation and Regulatory Review,
and Executive Order 14192: Unleashing Prosperity Through
Deregulation
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
I. Background
On September 28, 2023, Pennsylvania submitted to the EPA a SIP
revision request titled ``Basic I/M Program Certification'' applicable
to the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE Moderate nonattainment area for the 2015 8-hour ozone
NAAQS. I/M programs are required for certain urbanized nonattainment
areas classified as Moderate and higher based on criteria detailed in
the CAA and the Federal I/M rule at 40 CFR 51 subpart S. The CAA
establishes two performance levels of I/M programs: ``Basic'' and
``Enhanced.'' Enhanced I/M programs are required in areas classified as
Serious, Severe, or Extreme for the ozone NAAQS. In addition, all
Metropolitan Statistical Areas (MSAs) in an Ozone Transport Region
(OTR) as defined in the CAA are required to implement an Enhanced
program regardless of air quality designation/classification in areas
with a 1980 population greater than 100,000. By virtue of
Pennsylvania's inclusion in an OTR, Pennsylvania already operates an
Enhanced I/M Program that encompasses the nonattainment area (NAA), as
described in Section I.B below.
The Philadelphia-Wilmington-Atlantic City NAA was initially
required to demonstrate attainment of the 2015 ozone NAAQS by the
Marginal area attainment date of August 3, 2021. However, monitored
ozone levels in the area failed to meet the NAAQS by that attainment
date, so the area was reclassified by operation of law. In October
2022, the EPA issued a determination confirming that the area was
reclassified from Marginal to Moderate nonattainment for the 2015 ozone
NAAQS.\1\ This Moderate classification subjected the Philadelphia NAA
to the CAA requirement for a Basic I/M program--among other CAA
requirements for a Moderate NAA.\2\
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\1\ 87 FR 60897, October 7, 2022.
\2\ Clean Air Act section 182(b).
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A. Clean Air Act I/M Requirements Applicable to Ozone Nonattainment
Areas of Select Classification
Section 182 of the CAA outlines SIP requirements for each
classification that are generally cumulative (e.g., areas classified as
Moderate ozone nonattainment must meet Moderate requirements in
addition to Marginal classification requirements). Section 182(b)(4)
requires States with areas classified as Moderate ozone nonattainment
to implement a Basic I/M program. The EPA's Basic I/M regulations are
codified at 40 Code of Federal Regulations (CFR) part 51, subpart S.
The relevant Federal performance standard \3\ for a Basic I/M program
for an area classified as Moderate under an 8-hour ozone NAAQS is
outlined in 40 CFR 51.352(e). The EPA allows newly classified Moderate
NAAs that have an existing I/M program (for example, because of the
area's nonattainment status and classification under a prior NAAQS, by
virtue of being located in an ozone transport region) to demonstrate
with performance standard modeling analysis and a review of applicable
requirements in the I/M Rule that the existing EPA-approved I/M program
would meet the performance standard for purposes of the new Moderate
2015 ozone NAAQS classification.\4\ If the existing I/M program does
not meet all requirements for a Basic I/M program as required for the
Moderate classification, the State must submit a SIP revision amending
the I/M program so that it meets the requirements.\5\
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\3\ An I/M performance standard is a collection of program
design elements which defines a benchmark program to which a state's
proposed I/M program is compared in terms of its potential to reduce
emissions of the ozone precursors nitrogen oxides (NOX)
and volatile organic compounds (VOCs).
\4\ See 87 FR 60897, 60906; 87 FR 21842 (April 13, 2022).
\5\ Id.
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In October 2022, the EPA provided states with guidance on
evaluating a specific I/M program against the applicable Federal
benchmark program outlined in the CAA and detailed in the
[[Page 41933]]
I/M rule. This guidance (hereinafter referred to as the EPA guidance or
the EPA PSM Guidance) specifies that a performance standard modeling
(PSM) analysis is required for an ozone nonattainment area ``meeting
the criteria for a Basic I/M program upon its reclassification from
Marginal to Moderate for the 2015 or subsequent ozone NAAQS regardless
of whether the area already operates an existing I/M program under a
prior NAAQS.\6\ This PSM analysis evaluates the state's selected
program against the CAA's applicable benchmark performance standard to
demonstrate that the state program design meets CAA minimum performance
requirements, as measured against the CAA-established program
benchmark.\7\ This EPA guidance describes the PSM methodology for that
required demonstration, as well as those required SIP elements
necessary for a state to certify that its SIP-approved, enacted I/M
program meets minimum CAA program requirements.\8\
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\6\ EPA, EPA-420-B-22-034, Performance Standard Modeling for New
and Existing Vehicle Inspection and Maintenance (I/M) Programs Using
the MOVES Mobile Source Emissions Model (2022) (p. 4).
\7\ Id.
\8\ Id. (pp. 4-5 and 8-3).
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The EPA PSM guidance further specifies that in order to certify
that an existing I/M program satisfies CAA I/M requirements, in
addition to a PSM analysis, a state must show that all applicable
requirements of the EPA's governing I/M regulations (including the
eight I/M SIP submission requirements listed in the EPA's I/M rule at
40 CFR 51.372) are met. The certification submission requirements
outlined by 40 CFR 51.372 include an implementation schedule with a
list of milestones for the state I/M program, discussed later in this
document. Additionally, the EPA's PSM guidance references seven
additional program elements specified by the EPA's I/M rule that ensure
that a state's program meets minimum requirements for an I/M program as
discussed later in this document.
B. Philadelphia Ozone Nonattainment and Associated I/M Program
Requirements
On October 26, 2015, the EPA published revised primary and
secondary NAAQS for ozone to a level of 0.70 parts per million (ppm)
(based on the annual fourth-highest daily maximum 8-hour average
concentration, averaged over three years) to provide requisite
protection of public health and welfare.\9\
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\9\ 80 FR 65292 (October 26, 2015).
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On June 4, 2018 (effective August 3, 2018), the EPA published a
final rule that designated the Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE area (including Bucks, Chester, Delaware, Montgomery, and
Philadelphia Counties as Pennsylvania's portion of the nonattainment
area) as nonattainment for the 2015 8-hour ozone NAAQS and classified
the area as Marginal with an attainment deadline of August 3, 2021.\10\
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\10\ 83 FR. 25776 (June 4, 2018).
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On October 7, 2022, the EPA issued a final determination that the
Philadelphia NAA failed to attain the 2015 ozone NAAQS by its
attainment date, and the area was reclassified from Marginal to
Moderate, with a new attainment date of August 3, 2024.\11\
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\11\ 87 FR 60897 (October 7, 2022).
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C. Pennsylvania's Philadelphia Region I/M Program
To address the Basic I/M certification requirement for the
Pennsylvania portion of the Philadelphia NAA, Pennsylvania submitted a
SIP revision dated September 28, 2023. Due to the NAA's classifications
under previous ozone NAAQS \12\ and Pennsylvania's location in a CAA-
established OTR, Pennsylvania already implements an Enhanced I/M
program in the Philadelphia NAA, which was instituted in the late 1990s
and fully enacted by 2004. The EPA issued a final rule in June 1999
fully approving Pennsylvania's Enhanced I/M program SIP, including the
program's governing regulations at 67 Pennsylvania (Pa) Code sections
175 and 177.\13\ Pennsylvania subsequently revised the I/M program to
add on-board diagnostic (OBD) testing requirements and to establish a
phase-out schedule for tailpipe I/M testing for older vehicles once
they reach 25 years of age. The EPA approved a SIP revision with these
program updates in October 2005.\14\
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\12\ The Philadelphia-Wilmington-Trenton NAA was previously
classified as Severe nonattainment under the now revoked 1979 ozone
NAAQS.
\13\ 64 FR 32411 (June 17, 1999).
\14\ 70 FR 58313 (October 6, 2005).
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The existing Enhanced I/M program is applicable countywide in each
of the five counties comprising Pennsylvania's portion of the multi-
state Philadelphia ozone nonattainment area. Pennsylvania operates a
decentralized testing program, administered by privately-owned,
licensed testing and repair stations, with emissions testing conducted
on an annual basis. The emissions inspection requirement for vehicles
in the Commonwealth's Philadelphia Region program varies by model year
and vehicle type, as listed in Table 1 in this document.
Table 1--Pennsylvania I/M Program Subject Vehicles and Inspection Tests
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I/M program Vehicle model years tested I/M test performed
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Vehicles weighing up to 8,500 lbs. 1975-1995................................... Visual anti-tampering
GVWR. inspection.
Gas cap pressure test.
1996-and-newer.............................. OBD inspection.
Gas cap pressure test.
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Vehicles weighing 8,501 to 9,000 1996 and newer.............................. Two-speed idle tailpipe test.
lbs. GVWR. Visual anti-tampering
inspection.
Gas cap pressure test.
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Emission Inspections Exemp- Pre-1975 vehicles.
tions. Vehicles powered by other than gasoline.
Vehicles over 9,000 lbs. GVWR.
New vehicles initially registered (for up to 1 year).
Vehicles driven fewer than 5,000 miles per year.
Special mobile equipment.
Implements of husbandry.
Classic, antique or collectible motor vehicles.
Street rods.
[[Page 41934]]
Motorcycles.
Motorized pedal cycles.
Buses with a seating capacity of 16 or more.
Specially constructed vehicles.
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II. Summary of Pennsylvania's September 2023 Basic I/M Certification
SIP Revision and the EPA's Analysis
A. Description of Pennsylvania's September 2023 I/M Certification SIP
On September 28, 2023, Pennsylvania submitted its ``Basic I/M
Program Certification for the Pennsylvania Portion of the Philadelphia-
Wilmington-Atlantic City PA-NJ-MD-DE Moderate Nonattainment Area for
the 2015 8-Hour Ozone NAASQ'' (or I/M Certification SIP) as a revision
to the Pennsylvania SIP, for the purpose of demonstrating that
Pennsylvania's existing, SIP-approved Enhanced I/M program meets
applicable requirements for a Basic I/M program required for newly
classified Moderate ozone NAAs, per CAA section 182(b) and 40 CFR
51.372(a)(1) through (8).
Because Pennsylvania has already adopted and implemented an
Enhanced I/M program that the EPA has approved as described above in
section I.C, the Commonwealth's September 2023 SIP revision contains a
Basic PSM demonstration certifying that the existing Enhanced I/M
program meets all relevant requirements for a Basic I/M program
applicable to the NAA under the 2015 ozone NAAQS Moderate
classification.
The EPA will further summarize applicable Federal I/M requirements
and our review of Pennsylvania's means of addressing these requirements
in their SIP submission below.
B. Summary and EPA Review of the Required Elements of the Philadelphia
Region I/M Program
1. Performance Standard Analysis for the Philadelphia Region for the
Basic I/M Program
The PSM demonstration, as required by the EPA's I/M rule at 40 CFR
51.372(a)(2), must have a modeling analysis of ozone precursor emission
level targets using the most current EPA mobile source emission model
(or an alternative approved by the Administrator) showing that the
program meets the applicable Basic performance standard described in 40
CFR 51.352.
An I/M performance standard is a benchmark of program design
elements established by the CAA and the EPA I/M rule, to which a
state's I/M program can be compared for its potential to reduce
emissions of the ozone precursors. This analysis is performed using the
most recent version of the EPA's Motor Vehicle Emissions Simulator
Model (MOVES) available at the time of analysis. The PSM demonstration
compares the resultant MOVES-derived emissions levels, expressed as a
comparison of tons per day, of the ozone precursors nitrogen oxides
(NOX) and volatile organic compounds (VOCs) from onroad
mobile sources in the I/M area.\15\
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\15\ See the EPA's PSM Guidance (pp. 8-9).
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Pennsylvania's methodology used to produce the emission data
conforms to the recommendations provided in the EPA's MOVES Technical
Guidance.\16\ Model inputs for the PSM demonstration were based on a
mix of local data and national default data. Local data were used for
the primary data items that have a significant impact on emissions,
including: vehicle miles of travel (VMT) by vehicle type; average speed
distribution; vehicle type distributions; source type population (for
light-duty vehicles); vehicle age distribution; hourly distributions;
meteorology data; and the specific design elements of the
Commonwealth's Inspection/Maintenance program. Most local data inputs
to the analysis process reflect the latest planning assumptions based
on 2020 data obtained from the Pennsylvania Department of
Transportation (PennDOT), the Bureau of Motor Vehicles, and other
local/national sources. More recently available data was used for
control strategies, vehicle age distributions and fuel characteristics.
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\16\ See the EPA MOVES3 Technical Guidance: Using MOVES to
Prepare Emission Inventories for State Implementation Plans and
Transportation Conformity.
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Pennsylvania's analysis utilizes a proprietary emissions inventory
generation tool that post processes the results of batched MOVES
scenarios to generate results for a specific area's emission inventory,
transportation conformity, or mobile source emission control program
development. The onroad mobile source emission inventory was developed
using available travel data and this tool utilized the EPA's MOVES3
emission model. Though the EPA had released newer versions of the MOVES
model (i.e., MOVES4 and MOVES5) at the time this SIP analysis was
submitted, Pennsylvania commenced development of their SIP analyses
prior to the release of MOVES4 in September 2023--MOVES3 was the most
recent available version of the model.\17\ \18\ The methodologies that
were used to produce the emission data conform to the recommendations
provided in the EPA's applicable MOVES3 Technical Guidance.\19\ For
purposes of the PSM demonstration, an evaluation year of 2023 was
used,\20\ with July weekday emission rates for VOC-related MOVES3
pollutants and NOX. A summary of the inputs and assumptions
used by Pennsylvania for its MOVES analysis are described in a
Technical Support Document (TSD) prepared by the EPA available in the
docket for this action.
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\17\ 88 FR 62567 (September 12, 2023)
\18\ See EPA, 420-B-20-044, Policy Guidance on the Use of MOVES3
for State Implementation Plan Development, Transportation
Conformity, General Conformity, and Other Purposes (2020), p. 7.
Pennsylvania's PSM analysis supporting this SIP revision commenced
in Spring 2023, prior to the subsequent release by EPA of MOVES4 and
its policy memorandum requiring use of that more recent model.
\19\ EPA Office of Transportation and Air Quality, 420-B-20-052,
MOVES3 Technical Guidance: Using MOVES to Prepare Emission
Inventories for State Implementation Plans and Transportation
Conformity, (2020).
\20\ Though 2023 is the attaining ozone season, the attainment
date of August 3, 2024, is in the middle of the ozone season and
thus 2023 is the last complete ozone season prior to attainment.
Pursuant to the Modeling and attainment demonstration requirements
of 40 CFR 51.1308, if Pennsylvania were to have started a new I/M
program, for attainment purposes, they would need to have it fully
implemented ``no later than the beginning of the attainment year
ozone season.''
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To model I/M program benefits, the EPA's MOVES model utilizes I/M
program parameters and historic program data, while the program design
elements of EPA's Basic performance standard are used to model the
benchmark program, as specified at 40 CFR 51.352(e). Pennsylvania's
historic program data was used to generate
[[Page 41935]]
program compliance statistics. These program compliance statistics
include: compliance rate (i.e., the percentage of I/M-subject vehicles
that pass I/M inspection or are granted a waiver); failure rate (i.e.,
the fraction of tested vehicles that fail an initial I/M inspection);
and waiver rate (i.e., the fraction of initially failing vehicles that
cannot pass a retest but expend enough in repair costs to be granted a
repair waiver). Table 2 in this document summarizes historic data from
Pennsylvania's existing program, based on I/M annual reporting
submitted to the EPA for calendar year 2019.\21\
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\21\ Pennsylvania elected to use 2019 historic data rather than
2020 or 2021, to avoid potential bias from COVID impacts during
those more recently available years.
Table 2--Historic I/M Program Data and Program Statistics for the
Philadelphia Region
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1975-1996 Model 1996-and-newer
Program statistic year vehicles vehicles
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Subject Fleet...................... 53,634 2,540,164
Unique Tested Vehicles............. 12,132 2,138,030
Passing Vehicles................... 12,024 2,121,778
Initially Failed Vehicles.......... 857 74,484
Waived Vehicles.................... 38 4,966
Vehicles With No Known Final 70 11,286
Outcome...........................
Vehicles Granted Low-Mileage 32,327 338,456
Exemption.........................
Compliance Rate.................... 22.49% 83.72%
Waiver Rate........................ 4.43% 6.67%
Failure Rate....................... 7.06% 3.48%
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As part of its I/M Certification SIP, Pennsylvania's submission
includes an I/M performance standard modeling analysis to demonstrate
that the existing Enhanced I/M program for the Philadelphia area
obtains the same or lower emission levels as the applicable EPA Basic
I/M performance standard.
To demonstrate that the existing program meets the Basic I/M
performance standard described in 40 CFR 51.352(e), Pennsylvania's
program must be evaluated on a performance basis against that of the
EPA's benchmark Basic I/M program. This comparison and evaluation uses
the latest version of the EPA's MOVES emissions model to ensure that
the Commonwealth's program achieves the same or better performance in
reducing the ozone precursors (i.e., NOX and VOCs). For that
evaluation, the Basic I/M Certification SIP compares July weekday
emissions levels (in tons per day) for VOC and NOX based on
the existing Pennsylvania Enhanced I/M program and the Basic I/M model
program benchmark. A comparison between the EPA's Basic performance
standard benchmark program and Pennsylvania's SIP-approved, existing I/
M program is shown in Table 3 in this document.
Table 3--Comparison Between EPA's Basic I/M Performance Standard and Pennsylvania's Existing I/M Program for the
Philadelphia-Wilmington-Atlantic City Ozone Nonattainment Area
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Pennsylvania's existing enhanced I/M
I/M program element Basic I/M model program program
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Network Type........................... Centralized.................... Decentralized.
Program Start Date..................... 4 years after the effective 1996.
date of designation and
classification under the 8-
hour ozone standard.
Test Frequency......................... Annual......................... Annual.
Model Year Coverage.................... 1968 and newer................. 1975 and newer (newest model year
exempt).
Vehicle Type Coverage.................. Light-duty vehicles............ 1975 and newer light-duty gasoline
vehicles (LDGVs) and light-duty
gasoline trucks (LDGTs) (up to 8,500
lbs GVWR); and 1996 and newer Medium
Duty Gasoline Trucks (MDGTs) (between
8,500-9,000 lbs GVWR).
Test Types............................. Idle test: 1968-2000 vehicles; OBD test: 1996 and newer LDGVs and
OBD test: 2001 and newer LDGTs (up to 8,500 lbs GVWR); 2-Speed
vehicles. idle test: 1997 and newer MDGTs
(between 8,500-9,000 lbs GVWR).
Emission Control Device Visual None........................... Catalyst visual inspection: 1975-1995
Inspection. LDGVs and LDGTs (up to 8500 lbs
GVWR); and 1995 and newer MDGTs
(between 8,500-9,000 lbs GVWR).
Evaporative system function check...... None (except those performed by OBD Evaporative Test: 1996 and newer
the OBD system on model year LDGTs (up to 8,500 lbs GVWR). Gas Cap
2001 and newer, OBD-equipped Pressure Test: 1975-1995 LDGVs and
vehicles). LDGTs (up to 8,500 lbs GVWR); and
1996 and newer LDGVs (up to 8,500 lbs
GVWR). MDGTs (between 8,500-9,000 lbs
GVWR).
Waiver Rate (number of state-issued 0% Waiver rate (for all I/M Pre-1996 Vehicles: 4.4%. 1996 and
repairs granted, in proportion to the tested vehicles). Newer Vehicles: 6.7%.
number of initially failed vehicles).
I/M Compliance Rate (number of I/M 100%. Compliance Rate (as a Pre-1996 Vehicles: 22.5%. 1996 and
compliant vehicles as a proportion of percentage subject vehicles Newer Vehicles: 83.7%.
the universe of I/M-subject vehicles). having I/M final test
outcomes).
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Table 4 in this document shows the results of Pennsylvania's Basic
I/M performance standard analysis for the Philadelphia NAA. The results
of this modeling show that for a 2023 evaluation year, NOX
and VOC emission
[[Page 41936]]
levels from Pennsylvania's existing Philadelphia Region Enhanced I/M
program achieve the EPA's Basic I/M performance standard (at 40 CFR
51.352) as described in detail in Table 3 in this document.
Table 4--Philadelphia Region Basic I/M Performance Standard Modeling Comparison
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Basic I/M performance Existing Pennsylvania Performance standard met?
Summer daily standard program scenario enhanced I/M program ---------------------------
vehicle miles emissions (tons/day) scenario emissions (tons/
County of travel --------------------------- day)
(VMT) --------------------------- VOC NOX
VOC NOX VOC NOX
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Bucks................................................ 15,242,950 4.68 7.64 4.36 7.37 Yes Yes
Chester.............................................. 14,395,491 3.97 7.70 3.72 7.46 Yes Yes
Delaware............................................. 11,004,582 3.69 6.33 3.45 6.13 Yes Yes
Montgomery........................................... 21,711,839 6.43 11.85 6.02 11.47 Yes Yes
Philadelphia......................................... 17,839,019 7.57 11.45 7.09 11.09 Yes Yes
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Region Total..................................... 80,193,881 26.35 44.97 24.64 43.52 Yes Yes
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Pennsylvania's PSM analysis indicates that the existing Enhanced I/
M program for the Philadelphia area that the EPA has approved in PA's
prior SIP submissions exceeds the comparable emissions benefits of the
benchmark Federal Basic I/M performance standard--for the ozone
precursors VOC and NOX as evaluated in 2023. Based on the
review of Pennsylvania's documentation included in the I/M
Certification SIP, the EPA finds that Pennsylvania used appropriate
methods and modeled input data to perform the I/M PSM demonstration for
the area, analyzed an appropriate year consistent with 40 CFR
51.352(e), and included sufficient documentation to support the PSM
analysis to meet the applicable Moderate area I/M requirement under
section 182(b)(4) of the CAA.
2. EPA Review of Additional Applicable CAA I/M Requirements of
Pennsylvania's I/M Certification SIP
In addition to conducting a PSM analysis to demonstrate that the
existing I/M program is at least as effective in generating benefits as
the EPA's model Basic I/M program, states are required to satisfy other
applicable statutory and regulatory I/M program requirements. These
regulatory requirements include showing compliance with the EPA's
governing I/M regulations, including the aforementioned I/M SIP
submission requirements of 40 CFR 51.372.
The submission requirements applicable to all I/M programs in 40
CFR 51.372 include an implementation schedule with a list of milestones
for the state I/M program that shall at minimum include: (1) passage of
enabling statutory or other legal authority; (2) proposal of draft
regulations and promulgation of final regulations; (3) issuance of
final specifications and procedures; (4) issuance of final Request for
Proposals (if applicable); (5) licensing or certifications of stations
and inspectors; (6) the date mandatory testing will begin for each
model year to be covered by the program; (7) the date full-stringency
cutpoints will take effect; and (8) all other relevant dates.
The EPA's PSM guidance references seven additional program elements
from the EPA's I/M rule. The EPA has reviewed Pennsylvania's September
2023 certification SIP to ensure that its existing program meets all
applicable I/M program requirements, including: (1) the aforementioned
PSM analysis; (2) the geographic applicability of the I/M program; (3)
a detailed discussion of each of the required design elements specified
in the applicable EPA I/M rule subpart (i.e., 40 CFR 51.372); (4) legal
authority requiring or allowing implementation of the I/M program and
providing either broad or specific authority to perform all required
elements of the program; (5) legal authority for I/M program operation
until such time as it is no longer necessary; (6) implementing
regulations, interagency agreements, and memoranda of understanding;
(7) and evidence of adequate funding and resources to implement all
aspects of the program. A summary of the EPA's review of each of these
requirements is detailed below, with further detail of our review
provided in the TSD prepared by EPA for this action and available in
the docket.
a. Implementation Milestones for Pennsylvania's Philadelphia Region I/M
Program
The EPA PSM guidance provides that implementation milestones
specified at 40 CFR 51.372 (a)(1) are most relevant for new rather than
existing state I/M programs.\22\ Pennsylvania already implements an
Enhanced I/M program in the Philadelphia Region that the EPA approved
in prior SIP submissions. The Commonwealth has not amended its program
regulations since the program was approved. Pennsylvania's September
2023 I/M certification SIP describes non-regulatory updates made to its
program operation contracts as well as several program specifications
to enact program operational needs since the SIP was last amended. The
SIP contains program requests for proposal and contract materials
containing these non-regulatory program revisions. The Commonwealth
attests that these updates and changes did not require revision of the
approved I/M SIP.
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\22\ See EPA ``PSM Guidance'' (p. 5).
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b. Geographic Applicability of the Philadelphia Region I/M Program
The EPA's I/M SIP criteria at 40 CFR 51.372(a)(3) requires a
description of program geographic applicability requirements for newly
classified Moderate areas.\23\ Pennsylvania was already required to
implement an Enhanced I/M program in the Philadelphia area as a Severe
nonattainment area under the prior, 1979 1-hour ozone NAAQS.\24\
Additionally, the Philadelphia census-defined MSA is also subject to
Enhanced I/M under CAA section 184, as the area lies in a statutory-
defined OTR.\25\ The Philadelphia Area is designated as nonattainment
for the 2015 Ozone NAAQS and became subject to Basic I/M upon
reclassification from Marginal to Moderate. Pennsylvania defines the
Philadelphia I/M Region at 67 Pa Code section 177.3 as comprising
Bucks, Chester, Delaware, Montgomery, and Philadelphia counties (i.e.,
those counties in the Philadelphia NAA). The EPA approved
Pennsylvania's geographic applicability provisions at
[[Page 41937]]
67 Pa Code section 177.3 with approval of Pennsylvania's I/M program
SIP revision on October 6, 2005.\26\
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\23\ See 40 CFR 51.350(a)(4).
\24\ See 40 CFR 51.350(a)(2).
\25\ See 40 CFR 51.350(a)(1).
\26\ See 70 FR 58313, October 6, 2005.
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c. Additional Required I/M Program Design Elements
Per the EPA guidance and regulation, the Commonwealth detailed in
the Basic I/M certification SIP submission the means by which it met
and/or continues to meet each of the requirements of the I/M rule.\27\
A detailed description of Pennsylvania's compliance with the EPA I/M
requirements at 40 CFR 51.350 through 51.373 is provided in Table 9 of
the EPA's TSD for this action.
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\27\ See 40 CFR 51.372(a)(4) and EPA's PSM guidance (pp. 4-5).
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d. State Legal Authority for I/M Program Implementation and Operation
The EPA's I/M requirements at 40 CFR 51.372(a)(5) and (6) require a
state to list as part of its SIP revision its legal authority to
implement and operate an I/M program. The Commonwealth's legal
authority to establish, implement, and operate an I/M program
(including in the Philadelphia Region) is found in the Pennsylvania
Vehicle Code at 75 Pa. C.S. section 4706 et seq. With the EPA's
approval of Pennsylvania's Enhanced I/M SIP revision in 2005,
Pennsylvania's legal authority has been adopted by reference and
codified at 40 CFR 52.2020(c). The SIP under review in this action thus
meets the requirements of Basic I/M.
e. State Implementing Regulations, Interagency Agreements, and
Memoranda of Understanding
The EPA's I/M requirements at 40 CFR 51.372(a)(7) require a
discussion of program implementing regulations, interagency agreements,
and memoranda of understanding. Implementing regulations are
established at 67 Pa. Code Chapter 177 and Appendices A and B, which
were previously approved by the EPA into Pennsylvania's SIP on June 17,
1999 (64 FR 32111) and October 6, 2005 (70 FR 58313). Pennsylvania
certifies that these prior submissions satisfy the requirements for
Basic I/M.
f. Evidence of Adequate State Funding and Resources To Implement the
Program
The EPA's I/M requirements at 40 CFR 51.372(a)(8) require that
states provide evidence of adequate funding and resources to implement
all aspects of the program as part of the I/M SIP revision. Section B.8
of Pennsylvania's Basic I/M Program SIP Revision document details
funding and resources that Pennsylvania employs to operate its existing
Enhanced I/M program in the Philadelphia Area. Appendix B of
Pennsylvania's SIP revision provides relevant portions of the latest
2018 oversight contract for the program. Pennsylvania's current program
oversight contract establishes terms for the per-inspection fee that
the contractor collects from licensed, private inspection stations to
fund program oversight. Pennsylvania collects no fees directly from
motorists and does establish a set cost for the test fee, instead
allowing stations to set motorist inspection fees under a market-based
approach. Costs for PennDOT personnel to administer the program are
paid from the Pennsylvania Motor License Fund. Pennsylvania certifies
that these mechanisms ensure adequate funding and resources to operate
the program as required for Basic I/M.
3. Summary of EPA's Review of Pennsylvania's I/M Certification SIP
Elements
The EPA finds that the Commonwealth has addressed each of the
required elements of a Basic I/M program and that those program
elements (which primarily consist of elements of the currently
operating Enhanced I/M program for the Philadelphia Region) satisfy all
the applicable I/M requirements for a Basic I/M program set forth in
the EPA's I/M Rule at 40 CFR part 51, subpart S. Based on our review,
we find that the Commonwealth's MOVES-based PSM evaluation was
conducted appropriately and meets the performance standard for a Basic
I/M program and that the Commonwealth's PSM modeling was consistent
with the most current guidance at the time of the Commonwealth's
analysis. We therefore propose to find that the Pennsylvania I/M
program for the Commonwealth's portion of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE nonattainment area meets applicable Basic I/
M program SIP requirements under CAA section 182(b)(4) and 40 CFR part
51, subpart S, and the EPA's performance standard modeling guidance.
III. Proposed Action
The EPA has evaluated Pennsylvania's Basic I/M Certification SIP
submitted September 28, 2023 against the applicable requirements of the
CAA and proposes to find that Pennsylvania's Enhanced I/M Program SIP
for the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE nonattainment Area meets all applicable requirements
for a Basic I/M program, as required for a Moderate nonattainment area
under the 2015 ozone NAAQS.
The EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review, and Executive
Order 14192: Unleashing Prosperity Through Deregulation
This action is not a significant regulatory action and was
therefore not required to be submitted to the Office of Management and
Budget (OMB) for review. These Executive Orders do not apply to this
action.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The proposed
SIP approval, if finalized, would not impose any requirements but
rather would determine that the State's submission complies with the
CAA and applicable regulations.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action proposes to approve pre-existing
requirements under state or local law and imposes no new requirements.
Accordingly, no additional costs to state, local, or Tribal
governments, or to the private sector, result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and
[[Page 41938]]
responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175, because the SIP revision that the EPA is
proposing to approve would not apply on any Indian reservation land or
in any other area where the EPA or an Indian Tribe has demonstrated
that a Tribe has jurisdiction and will not impose substantial direct
costs on Tribal governments or preempt Tribal law. Thus, Executive
Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because this proposed SIP approval, if
finalized, will not in-and-of itself create any new regulations, but
will simply approve certain State requirements for inclusion in the
SIP, thereby determining whether the requirements are or are not
federally enforceable. Furthermore, the EPA's Policy on Children's
Health does not apply to this action.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
In addition, this Pennsylvania I/M certification SIP for the 2015
Moderate ozone NAAQS is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, and Volatile
organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-16482 Filed 8-27-25; 8:45 am]
BILLING CODE 6560-50-P